This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.
Proposed Endeavor
The petitioner proposes to develop state-of-the-art solutions for improving supply chain conceptual models to ensure sustainable supply chains. This includes assessing the current state of transportation network resiliency in the face of natural disasters; creating advanced models to predict the impact of various types of natural disasters on transportation networks, forecast disruptions, and assist proactive planning and decision-making for transportation authorities; and piloting new and innovative resilience strategies to maintain operational continuity during crises.
Framework Evaluation
1 of 3 criteria met
1Proposed endeavor has both substantial merit and national importanceMet
The petitioner's research in industrial engineering to improve supply chain transportation resilience was found to have substantial merit and national importance, aligning with U.S. government R&D priorities.
2Individual is well-positioned to advance their proposed endeavorNot Met
The petitioner failed to demonstrate a sufficient record of success, influence in the field, or interest/investment from relevant entities, despite publications and citations, thus not meeting this prong.
3On balance, waiving the job offer requirement would benefit the United StatesNot Met
This prong was not evaluated by USCIS because the petitioner did not establish eligibility under the second prong of the Dhanasar framework.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to satisfy the second prong of the Dhanasar framework. While Prong 1 (substantial merit and national importance) was met due to the STEM nature of the research and its alignment with White House R&D priorities for supply chain resilience, Prong 2 (well-positioned to advance) was not. The petitioner's 10 peer-reviewed articles, with specific citations (e.g., 32, 35, 41, 3 citations for four articles), were deemed insufficient to demonstrate a record of success or influence in the field, as citation data was not specific to industrial engineering and expert letters lacked specific examples of impact or adoption. No evidence of funding or sustained interest from potential users/investors was provided.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested further evidence to demonstrate the petitioner was well-positioned to advance his proposed endeavor, specifically questioning his record of success and influence in the field. The petitioner responded with an updated personal statement, additional citation data, and advisory letters, but these were deemed insufficient to address the concerns.
RFE Targets
Individual is well-positioned to advance their proposed endeavor
The petitioner proposes using cutting-edge optimization techniques to enhance strategic and operational decisions in supply chain networks. Specifically, this includes developing resilient logistics and transportation systems for natural disasters, designing novel Machine Learning-Aided Optimization Algorithms for Large Scale Vehicle Routing Problems, and developing Multi-Agent Dynamic Order Picking in Warehouses.
The petitioner proposes to continue research on developing state-of-the-art techniques and solutions for identifying efficient production and supply chain decisions. His work involves building optimization and machine learning models to improve the operational efficiency of business supply chains and operations networks. He intends to collect business requirements, identify pain points, and publish original industrial engineering research in peer-reviewed venues.
The petitioner proposes to develop algorithms for optimal dynamic pricing and routing to improve performance in industrial and systems engineering applications. This work focuses on enhancing supply chain management, last-mile deliveries, operations research, and revenue management through advanced mathematical modeling.
The Petitioner intends to continue research on developing advanced mathematical approaches to inform and guide processes in complex real systems, supporting decision-making for both private and public agencies. This research is relevant to management of catastrophic events, U.S. healthcare crisis management, and public health, aiming to enhance the adaptability and responsiveness of healthcare systems.
Frequently Asked Questions
A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.
